Code of Alabama

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41-23-140
Section 41-23-140 Definitions; commission created; composition; staff; duties; annual report.
(a) For the purposes of this article, the term trail means any form of paved or unpaved trail
including freshwater and saltwater paddling trails. The term trail user community includes,
but is not limited to, the following: Paved and unpaved trail users, hikers, bicyclists, users
of off-highway vehicles, paddlers, equestrians, disabled outdoor recreational users, and commercial
recreational interests. (b) There is created within the Alabama Department of Economic and
Community Affairs, the Alabama Trails Commission which shall advance development, interconnection,
and use of trails in this state and as further provided in this article. The commission shall
be composed of the following members: (1) Two members recognized for expertise in trail development,
management, or use, appointed by the Governor and representing the trail user community. (2)
One member recognized for expertise in trail...
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9-12-67
Section 9-12-67 Sacking and tagging oysters; penalties. (a) All oysters taken from public oyster
bottoms of the State of Alabama for commercial purposes shall be sacked or placed in containers,
in accordance with the most current National Shellfish Sanitation Program Guide for the Control
of Molluscan Shellfish, as adopted by the state Department of Public Health, containing not
more than one-quarter Alabama barrel of oysters. Sacks or containers with oysters shall be
tagged and identified in accordance with the requirements of the most current National Shellfish
Sanitation Program Guide for the Control of Molluscan Shellfish, as adopted by the state Department
of Public Health, prior to leaving the harvest location or oyster management station. The
tag shall remain attached to each sack or container until it is emptied or retagged with a
certified dealer tag. Sacks or containers shall not be emptied in any proportion prior to
reaching the destination where the oysters shall be opened,...
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9-14E-5
Section 9-14E-5 Acceptance of proposals; project agreement; Gulf State Park Project Committee.
(a) No later than 30 days after acceptance of a proposal by the Governor, the Governor shall
submit the accepted proposal to the Director of Finance and Alabama Building Commission for
evaluation, review, and comments pertaining to the information provided in the proposal. The
Director of Finance and Alabama Building Commission shall provide such evaluation, review,
and comments to the Governor no later than 60 days after acceptance of a proposal by the Governor.
(b) Upon acceptance of a proposal by the Governor, and subject to the provisions of subsection
(a), the Governor shall enter into negotiations of a project agreement with the person who
submitted the accepted proposal. Any project agreement negotiated by the Governor shall provide
that the employment of engineers, architects, attorneys, contractors, consultants or other
employees or agents should reflect the racial and ethnic...
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32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol
or controlled substances. (a) A person shall not operate or be in actual physical control
of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under any
condition in which a person would be guilty of driving under the influence of alcohol or drugs
pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b)
In the case of a vessel or other marine device described in subsection (a), where a law enforcement
officer has probable cause to believe that the operator of the vessel or other marine device
is operating in violation of this section, the law enforcement officer is authorized to administer
and may test the operator, at the scene, by using a field breathalyzer or other approved device,
as a screening device, to determine if the operator...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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9-11-140
Section 9-11-140 Use of commercial fishing gear in public impounded waters and navigable streams
- When, where, and how permitted. Any person engaged in the taking, killing or capturing of
commercial or nongame fish from the public impounded waters and navigable streams of the State
of Alabama may use in such commercial fishing operations hoop and fyke nets, seines, gill
nets, trammel nets, setlines, trotlines, snaglines and lawful fish traps. However, all such
nets, setlines, trotlines, snaglines and fish traps shall conform to the rules and regulations
promulgated by the Commissioner of Conservation and Natural Resources covering the same, who
shall designate when, where and how same shall be used. (Acts 1953, No. 784, p. 1069, ยง1.)...

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9-11-2.1
Section 9-11-2.1 Closing of existing hunting lands; replacement acreage; annual reports. (a)
For the purposes of this section, the following terms shall have the following meanings: (1)
DEPARTMENT. The Alabama Department of Conservation and Natural Resources. (2) DEPARTMENT-MANAGED
LANDS. Privately owned lands that are leased or managed by the department. (3) DEPARTMENT-OWNED
LANDS. Lands owned by the department and lands owned by the state over which the department
holds management authority. (4) HUNTING. The lawful pursuit, trapping, shooting, capture,
collection, or killing of wildlife or the lawful attempt to pursue, trap, shoot, capture,
collect, or kill wildlife. (b) Department-owned lands and department-managed lands shall be
open to access and use for hunting except as limited by the department for reasons of demonstrable
public safety, fish or wildlife management, homeland security, or as otherwise limited by
law. (c) The department, in exercising its authority pursuant to...
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9-11-84
Section 9-11-84 Sale, transportation, etc., of game fish taken from public or private waters.
(a) It shall be unlawful for any person to sell or offer for sale within this state, or ship
or transport for sale within or without this state, or to ship into this state any game fish
caught or taken in any of the fresh waters, whether public or private, of this state or any
other state. All species of black bass, white bass, yellow bass, saltwater striped bass, bream,
and pickerel, as well as walleye, sauger, black and white crappie, and yellow perch are designated
game fish for the purpose of this section. (b) This section shall not apply to the sale of
game fish raised in hatcheries and sold for the purposes of stocking ponds and lakes, nor
shall it apply to the sale of nonnative game fish raised for human consumption, nor shall
it apply to the sale of yellow perch, largemouth bass, shellcracker, and bluegill bream raised
in farm ponds; provided, that, prior to any sale provided for in...
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9-15-82
Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc. (a) This
article shall not apply to the transfers of real property between departments, boards, bureaus,
commissions, institutions, corporations, or agencies of the state. These transfers may be
made by mutual agreements between the chief executive officers of the respective departments
with the approval of the Governor. This article shall not apply to the leasing or sale of
timber from unused lands under Section 9-15-1 et seq.; to the leasing or sale of timber from
school lands and swamp and overflowed lands under Section 9-15-30 et seq.; to the leasing
of oil, gas, and other minerals under Section 9-17-60 et seq.; real property sold by the Department
of Revenue under tax sales and redemptions; to the sale of property by the Alabama Historical
Commission under Section 41-9-249(7); to reversions made under Section 31-4-18; to the sale
or conveyance of real property by the Alabama Housing Finance...
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33-5-53
Section 33-5-53 Boater safety certification; application fee; examinations; exemptions. (a)
Every person who applies for a boater safety certification under this article, except as otherwise
provided in this subsection, shall pay a five dollar ($5) application fee and be given either
a certificate of exemption from examination if applicable, or will be given an examination,
either written or oral, before applying to the judge of probate or license commissioner for
the issuance of the certification. No person shall be eligible for, or issued, an exemption
from examination in the event the person is convicted, on or after April 28, 1994, of violating
any crime relating to the operation of a vessel, whether contained in this article or otherwise,
for which a person's boater safety certification or vessel operating privileges shall be suspended
or revoked pursuant to this article. The person shall first apply to either the officer, state
trooper, or duly authorized agent of the Director of...
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